Calls to lift e-cigarette restrictions lead to historic lawsuit against Malaysia’s health minister

On July 10, news emerged about the long journey towards legalizing e-cigarettes in Malaysia. Recently, anti-smoking and children's rights advocates in Malaysia have taken legal action against Health Minister Dr. Zaliha Mustafa and the government for removing nicotine substances from the Poisons Act. This marks the first public health and anti-smoking lawsuit in Malaysia.

In June, the Malaysian Council for Tobacco Control (MCTC), along with over 40 organizations including the Malaysian Green Lung Association (MGLA) and Voice of the Children (VoC), filed a judicial review application in the Supreme Court seeking a court order to revoke a decree issued by the Health Minister on March 31, which removed liquid and gel nicotine from the list of the 1952 Poisons Act. The High Court is set to hear the case on July 26. The current Health Minister, Zaliha, is the first female Health Minister in Malaysia's history, appointed by Prime Minister Anwar in December 2022. The legal action from civil society signifies a significant escalation in the medical and anti-tobacco community's opposition to the legalization of liquid nicotine, especially after the government's failure to ensure the passage of the 2023 Tobacco Bill at the last parliamentary session, which has intensified feelings of frustration.